Perth restaurant operators penalised
The Fair Work Ombudsman has secured a total of $52,242 in penalties and back-pay orders in court against the former operator of a restaurant in Perth.
The Federal Circuit and Family Court has imposed a $27,935 penalty against GCH Vic Park Pty Ltd, which formerly operated ‘The Globe Pan and Grill’ in East Victoria Park, and a $5,587 penalty against the company’s director, Jay Patel.
The penalties were imposed in response to GCH Vic Park Pty Ltd failing to comply with a Compliance Notice, which required it to calculate and back-pay 18 workers it employed as cooks and food and beverage attendants. Mr Patel was involved in the breach.
In addition to the penalties, the Court has ordered GCH Vic Park Pty Ltd to pay a total of $18,720 in compensation to the workers, plus interest and superannuation.
Fair Work Ombudsman Anna Booth said employers that failed to act on Compliance Notices needed to be aware they could face court-imposed penalties on top of having to pay workers.
“When Compliance Notices are not followed, we will continue to take legal action,” Ms Booth said.
“Employers should be aware that taking action to improve compliance in the fast food, restaurants and cafés sector is a priority for the Fair Work Ombudsman.
“Any employees with concerns about their pay or entitlements should contact us for free advice and assistance. They can also contact their union if they are a member.”
The regulator investigated GCH Vic Park as part of a proactive auditing campaign.
A Fair Work Inspector issued a Compliance Notice to GCH Vic Park in July 2023 after forming a belief the company had underpaid multiple workers variously engaged on a full-time, part-time and casual basis as cooks and food and beverage attendants.
The inspector formed a belief the workers were variously underpaid minimum wage rates, penalty rates for weekend work, and accrued but untaken annual leave entitlements on termination owed under the Restaurant Industry Award 2020 and the Fair Work Act’s National Employment Standards, between December 2021 and July 2023.
Employers and employees can visit www.fairwork.gov.au or call the Fair Work Infoline on 13 13 94 for free advice and assistance. An interpreter service is available on 13 14 50.
In 2024-25, the FWO secured total court penalties of more than $870,000 for failures to comply with Compliance Notices.
The FWO has interactive tools to help employers and employees in the fast food, restaurants and cafés sector, and for any franchisees.
The FWO provides a free online course to help employers understand what a Compliance Notice is and how to respond if they get one. The Compliance Notice course, among a suite of free interactive courses on offer for employers, managers and employees, is available in our online learning centre.
Employers can seek information from their employer association if they are a member, and also use the FWO’s pay calculator and Small Business Showcase.
